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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Christopher H. Bennett Broadcasting    )                                
     of Washington, Inc.                            File Nos.: EB-07-PO-052  
                                            )                                
     Licensee of AM Station KBMS                NAL/Acct. No.: 200732920003  
                                            )                                
     Vancouver, Washington                                  FRN: 0005021084  
                                            )                                
     Facility ID No. 11162                                                   
                                            )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released:  May 22, 2007

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Christopher H. Bennett Broadcasting of Washington, Inc. ("Bennett
       Broadcasting"), licensee of AM radio station KBMS in Vancouver,
       Washington, apparently repeatedly violated Section 73.49 of the
       Commission's Rules ("Rules") by failing to enclose the KBMS antenna
       towers within effective locked fences or other enclosures and
       apparently repeatedly violated Section 73.1125(a) of the Rules by
       failing to maintain an accessible main studio in its community of
       license. We conclude, pursuant to Section 503(b) of the Communications
       Act of 1934, as amended ("Act"), that Bennett Broadcasting is
       apparently liable for a forfeiture in the amount of fourteen  thousand
       dollars ($14,000).

   II. BACKGROUND

   2. On March 21, 2007, an agent from the Enforcement Bureau's Portland
   Resident Agent Office contacted KBMS to conduct an inspection. The
   Portland agent was advised by a KBMS representative that the inspection
   could be made only by appointment. The agent left his contact telephone
   number and waited for a return call from the KBMS licensee.

   3. On March 22, 2007, the agent was contacted by the owner of Bennett
   Broadcasting, who advised the agent to make an inspection appointment with
   his local station manager. The agent was then advised by the KBMS station
   manger that the appointment was set up for 10:00 a.m. the next day, at the
   combined KBMS transmitter and main studio located at 11197 N. Portland
   Road, Portland, Oregon. Later on March 22, 2007, the Portland agent
   arrived and surveyed KBMS's main studio at the given address of 11197 N.
   Portland Road. The agent observed a locked gate preventing access to the
   main road leading to the KBMS main studio. On the middle of the gate was a
   yellow "No Trespassing" warning sign posted.

   4. On March 23, 2007, the Portland agent inspected the KBMS main studio.
   The agent asked the KBMS station manager why there was a locked gate in
   front of the road leading to the KBMS main studio, and the station manager
   replied that individual who owned a residence next to the KBMS main studio
   and transmitter site wanted the locked  gate  installed  to prevent the
   public from having access to his property.

   5. Later on March 23, 2007, the Portland agent  inspected the antenna
   towers used by Bennett Broadcasting  to broadcast KBMS. KBMS is a
   directional AM station, which uses three antenna towers to broadcast its
   signal: antenna structure #1034715; antenna structure #1034716; and
   antenna structure #1034717. According to its license, the KBMS antenna
   towers are series fed and, therefore, required to be fenced.   Upon
   inspection of the KBMS antenna towers, the agent found that there were no
   effective locked fences or other barriers surrounding the bases of the
   antenna structures.  The agent noted that there was no  perimeter fence
   surrounding  the entire  KBMS-AM antenna site and that there was a
   residence approximately 300 yards from KBMS antenna site.  The agent also
   noted that there were no radio frequency hazard warning signs posted near
   the bases of the towers.

   6. On March 26, 2007,  the Portland agent returned to the KBMS main studio
   and transmitter site  and he observed that KBMS did not have any locked
   fences surrounding the bases of the antenna towers. The agent also noted
   that the front door of KBMS's main studio was locked, and that there was
   no staff in the main studio.

   7. On April 5, 2007, Bennett Broadcasting provided a written statement
   indicating that due to local zoning restrictions, the KBMS antenna towers
   were built in 1984 on tall concrete piers without the required AM fencing.

   8. On April 19, 2007, and April 20, 2007, the Portland agent returned to
   the KBMS transmitter site and observed that KBMS still did not have any
   fences surrounding the bases of the antenna towers. The agent also noted
   that the front door of the KBMS main studio was locked, and that there was
   no staff in the main studio.

   III. DISCUSSION

   9. Section 503(b) of the Act provides that any person who willfully or
   repeatedly fails to comply substantially with the terms and conditions of
   any license, or willfully or repeatedly fails to comply with any of the
   provisions of the Act or of any rule, regulation or order issued by the
   Commission thereunder, shall be liable for a forfeiture penalty. The term
   "willful" as used in Section 503(b) has been interpreted to mean simply
   that the acts or omissions are committed knowingly. The term "repeated"
   means the commission or omission of such act more than once or for more
   than one day.

   10. Section 73.49 of the Rules states that antenna towers having radio
   frequency potential at the base (series fed, folded unipole, and insulated
   base antennas)  must be enclosed within effective locked fences or other
   enclosures.  Individual tower fences need not be installed if the towers
   are contained within a protective property fence.  In adopting the Report
   and Order promulgating the most recent amendment of Section 73.49, the
   Commission stated that "a fencing requirement is necessary to protect the
   general public."  At the time of the inspections,  from  March 23, 2007
   through April 20, 2007, the agent observed that there were no effective
   locked fences or other barriers surrounding the bases of the three antenna
   structures. The agent noted that there was not a perimeter fence
   surrounding the entire KBMS antenna site and that there was a residence
   approximately 300 yards from KBMS antenna site.

   11. The KBMS antenna towers are series fed and, pursuant to Section 73.49,
   each of the three KBMS  towers  must be enclosed within an effective
   locked fence or other enclosure. None of the three towers were effectively
   enclosed. Inspection by the Portland agent revealed that the bases of the
   towers could be reached by climbing up onto the wooden shacks  built next
   to each of the antenna towers.  Additionally, we have found no evidence
   that Bennett Broadcasting ever requested a waiver of Section 73.49 from
   the Commission. Bennett Broadcasting's failure to effectively enclose  the
   three AM towers used by KBMS occurred for more than one day, therefore
   Bennett Broadcasting's violation was repeated. Based on the evidence
   before us, we find that Bennett Broadcasting apparently repeatedly
   violated Section 73.49 of the Rules by failing to enclose the three KBMS
   antenna towers within effective locked fences or other enclosures.

   12. Section 73.1125(a) of the Rules requires the licensee of a broadcast
   station to maintain a main studio at one of the following locations: (1)
   within the station's community of license; (2) at any location within the
   principal community contour of any AM, FM or TV broadcast station licensed
   to the station's community of license; or (3) within twenty-five miles
   from the reference coordinates of the center of its community of licensed
   as described in Section 73.208(a)(1). In addition, the station's main
   studio must serve the needs and interests of the residents of the
   station's community of license. To fulfill this function, a station must,
   among other things, maintain a meaningful managerial staff presence at its
   main studio. The Commission has defined a minimally acceptable "meaningful
   presence" as full-time managerial and full-time staff personnel. In
   addition, there must be "management and staff presence" on a full-time
   basis during normal business hours to be considered "meaningful." Although
   management personnel need not be "chained to their desks" during normal
   business hours, they must "report to work at the main studio on daily
   basis, spend a substantial amount of time there and ... use the studio as
   a home base." The Portland agent's inspections conducted on March 23,
   2007, March 26, 2007, April 19, 2007, and April 20, 2007, revealed that
   the site held out by Bennett Broadcasting as the main studio location for
   KBMS had no public access due to the locked gate and the "No Trespassing"
   warning sign. Other than the day of the appointment that the Portland
   agent made to inspect the KBMS main studio, the agent found no staff
   presence at the KBMS main studio. The failure to maintain a main studio
   occurred on more than one day, therefore, it was repeated. Based on the
   evidence before us, we find that Bennett Broadcasting apparently
   repeatedly violated Section 73.1125(a) of the Rules, by failing to
   maintain an accessible main studio in its community of license.

   13. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
   of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
   ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the base
   amount for failure to maintain an effective AM tower fence is $7,000, and
   the base forfeiture amount for failing to comply with the main studio
   requirements is $7,000. In assessing the monetary forfeiture amount, we
   must also take into account the statutory factors set forth in Section
   503(b)(2)(D) of the Act, which include the nature, circumstances, extent,
   and gravity of the violations, and with respect to the violator, the
   degree of culpability, and history of prior offenses, ability to pay, and
   other such matters as justice may require. Applying the Forfeiture Policy
   Statement, Section 1.80, and the statutory factors to the instant case, we
   conclude Bennett Broadcasting is apparently liable for a fourteen thousand
   dollars ($14,000) forfeiture.

   IV. ORDERING CLAUSES

   14. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80
   of the Commission's Rules, Christopher H. Bennett Broadcasting of
   Washington, Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
   FORFEITURE in the amount of fourteen thousand dollars ($14,000) for
   violation of Section 73.49 and Section 73.1125(a) of the Rules.

   15. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
   Commission's Rules, within thirty days of the release date of this Notice
   of Apparent Liability for Forfeiture, Christopher H. Bennett Broadcasting
   of Washington, Inc., SHALL PAY the full amount of the proposed forfeiture
   or SHALL FILE a written statement seeking reduction or cancellation of the
   proposed forfeiture.

   16. Payment of the forfeiture must be made by check or similar instrument,
   payable to the order of the Federal Communications Commission. The payment
   must include the NAL/Acct. No. and FRN No. referenced above. Payment by
   check or money order may be mailed to Federal Communications Commission,
   P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
   be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
   Pittsburg, PA 15251. Payment by wire transfer may be made to ABA Number
   043000261, receiving bank Mellon Bank, and account number 911-6106.

   17. The response, if any, must be mailed to Federal Communications
   Commission, Enforcement Bureau, Western Region, Portland Resident Agent
   Office, P.O. Box 61469, Vancouver, Washington 98666-1469 and must include
   the NAL/Acct. No. referenced in the caption.

   18. The Commission will not consider reducing or canceling a forfeiture in
   response to a claim of inability to pay unless the petitioner submits: (1)
   federal tax returns for the most recent three-year period; (2) financial
   statements prepared according to generally accepted accounting practices
   ("GAAP"); or (3) some other reliable and objective documentation that
   accurately reflects the petitioner's current financial status. Any claim
   of inability to pay must specifically identify the basis for the claim by
   reference to the financial documentation submitted.

   19. Requests for payment of the full amount of this Notice of Apparent
   Liability for Forfeiture under an installment plan should be sent to:
   Associate Managing Director-Financial Operations, Room 1A625, 445 12^th
   Street, S.W., Washington, D.C. 20554.

   20. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture shall be sent by Certified Mail, Return Receipt Requested,
   and regular mail, to Christopher H. Bennett Broadcasting of Washington,
   Inc., at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 73.49.

   47 U.S.C. S 503(b).

   Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'repeated', when used with reference to the
   commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S 73.49.

   47 C.F.R. S 73.49.

   Review of the Technical an Operational Regulations of Part 73, Subpart A,
   AM Broadcast Stations, 59 Rad. Reg. 2d (Pike & Fischer) 927, P6 (1986)
   ("Report and Order").

   47 C.F.R. S 73.208(a)(1).

   See Main Studio and Program Origination Rules, 2 FCC Rcd 3215, 3217-18
   (1987), clarified 3 FCC Rcd 5024, 5026 (1988).

   Jones Eastern of the Outer Banks, Inc., 6 FCC Rcd 3615, 3616 (1991),
   clarified 7 FCC Rcd 6800 (1992).

   Id.

   7 FCC Rcd at 6802.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80, 73.49.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission